Lawrence M. Sung

Lawrence M. Sung

BakerHostetler

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BakerHostetler Patent Watch: Galderma Labs., L.P. v. Tolmar, Inc.

On December 11, 2013, in Galderma Labs., L.P. v. Tolmar, Inc., the U.S. Court of Appeals for the Federal Circuit (Newman, Bryson, Prost*) reversed the district court's judgment that U.S. Patents No. 7,579,377, No. 7,737,181,...more

12/17/2013 - Drugs Obviousness Patents Pharmaceutical

BakerHostetler Patent Watch: Apple, Inc. v. Int'l Trade Comm'n

[E]vidence relating to all four Graham factors -- including objective evidence of secondary considerations -- must be considered before determining whether the claimed invention would have been obvious to one of skill in the...more

8/8/2013 - Apple Graham Factors Infringement ITC Motorola Obviousness Patents Prior Art

BakerHostetler Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.

Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand....more

8/8/2013 - Doctrine of Equivalents Infringement Obviousness Patents Prior Art Summary Judgment

Patent Watch: Alexsam, Inc. v. IDT Corp.

Expert testimony [may be] required not only to explain what the prior art references disclosed, but also to show that a person skilled in the art would have been motivated to combine them in order to achieve the claimed...more

5/22/2013 - Expert Testimony Obviousness Patents Prior Art Rule 37

Patent Watch: Allergan, Inc. v. Sandoz Inc.

On May 1, 2013, in Allergan, Inc. v. Sandoz Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Prost,* O'Malley) affirmed-in-part and reversed-in-part the district court's judgment that U.S. Patents No. 7,642,258,...more

5/8/2013 - Allergan Inc Allergan v Sandoz Combination Products Obviousness Patents

Patent Watch: In re Hubbell

On March 7, 2013, in In re Hubbell, the U.S. Court of Appeals for the Federal Circuit (Newman, O'Malley* Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision upholding the patent examiner's rejection...more

3/11/2013 - Interference Proceeding Obviousness Patents

Patent Watch: C.W. Zumbiel Co. v. Kappos

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

1/10/2013 - Appeals Inter Partes Reexamination Kappos Obviousness Patent-Eligible Subject Matter Patents Prior Art USPTO

Patent Watch: In re Rosuvastatin Calcium Patent Litig.

"The law does not require that no competent attorney or alert inventor could have avoided the error sought to be corrected by reissue." On December 14, 2012, in In re Rosuvastatin Calcium Patent Litig., the U.S. Court of...more

12/20/2012 - Obviousness Patents Reissue Patents

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

[W]e have emphatically rejected any formal burden-shifting framework in evaluating the four Graham factors [including the objective considerations of nonobviousness]. The district court's failure to consider the evidence...more

12/18/2012 - Burden-Shifting Graham Factors Obviousness Patents Reversible Error

Patent Watch: ArcelorMittal Fr. v. AK Steel Corp.

[T]he commercial success of the embodiment with additional unclaimed features is to be considered when evaluating the obviousness of the claim, provided that embodiment's success has a sufficient nexus to the claimed and...more

12/5/2012 - Inventions Obviousness Patents

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